91st General Assembly
Summary of SB0646
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Senate Sponsors:
WATSON-O'DANIEL-REA-LUECHTEFELD, CLAYBORNE AND BOWLES.

House Sponsors:
WOOLARD-BOST-JONES,JOHN-MITCHELL,BILL

Short description: 
HLTH FACLTY PLAN-TITLE-TECH                                                

Synopsis of Bill as introduced:
        Amends the Illinois Health Facilities Planning Act by making           
   technical changes to the short title Section.                               
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          20 ILCS 3960/1                                                       
          Adds reference to:                                                   
          20 ILCS 3960/13.5 new                                                
          20 ILCS 3960/13.9 new                                                
          20 ILCS 3960/13.10 new                                               
          20 ILCS 3960/13.15 new                                               
          20 ILCS 3960/13.20 new                                               
          20 ILCS 3960/13.25 new                                               
          20 ILCS 3960/13.30 new                                               
          20 ILCS 3960/13.35 new                                               
          740 ILCS 10/5                   from Ch. 38, par. 60-5               
        Deletes  everything.   Amends  the  Illinois  Health   Facilities      
   Planning  Act by creating a new series of Sections dealing with health      
   care cooperative agreements.  Provides that the General Assembly finds      
   that regulation may help to restore access to quality health  care  in      
   some  areas  of  the State.  Describes the types of areas to which the      
   legislation applies.  Provides that where the law applies, 2  or  more      
   health  care  providers  may  enter  into  agreements  concerning  the      
   allocation of health care equipment and services among those providers      
   with immunity from civil and criminal liability under the Illinois and      
   federal  antitrust  Acts.     States goals that the agreements must be      
   designed to achieve.  Provides that  the  Health  Facilities  Planning      
   Board  ("State  Board")  may  approve  the  agreements and may rescind      
   approval if certain conditions have not been met.   Provides that  the      
   Attorney  General may proceed with criminal or civil liability actions      
   under the Illinois Antitrust Act against  health  care  providers  who      
   have  exceeded  the scope of the actions authorized by this amendatory      
   Act.   Amends the Illinois Antitrust Act.  Provides that the Act  does      
   not  prohibit  health  care  providers and their boards, officers, and      
   employees  from   negotiating,   entering   into,   and   implementing      
   cooperative agreements approved by the State Board.                         
        SENATE AMENDMENT NO. 2.                                                
          Adds reference to:                                                   
          30 ILCS 105/5.490 new                                                
        Deletes everything.  Reinserts the provisions of Senate Amendment      
   No. 1. Provides that for the purposes  of  the  provisions  concerning      
   health  care  provider cooperative agreements, "health care providers"      
   include any individual or institution licensed by the State under  the      
   Medical  Practice Act of 1987 or the Hospital Licensing Act.  Provides      
   that health care  providers  may  enter  into  cooperative  agreements      
   concerning  the  allocation of health care equipment or services among      
   themselves for the provision of major  medical  procedures  (now,  the      
   agreements  may  concern  the  allocation  of health care equipment or      
   services).  Requires the  Attorney  General  (instead  of  the  Health      
   Facilities   Planning   Board)   to  approve  cooperative  agreements.      
   Requires applications for approval to contain a statement of  how  the      
   benefits  of the agreement will outweigh any negatives and a statement      
   of any consideration received or to be received under  the  agreement.      
   Provides  that  application  fees shall be deposited into the Attorney      
   General Health Care Cooperative Agreement  and  Antitrust  Enforcement      
   Fund  in  the State treasury.  Provides that moneys in the fund may be      
   used by the Attorney General for any function  necessary  to  exercise      
   his  or  her  duties  under  the  Act.   Requires  that  a copy of the      
   application submitted to the Attorney General must be submitted to the      
   Health Facilities Planning Board ("State Board"). Requires the State        
   Board to hold a public hearing and make recommendations on the appli-       
   cation. Requires annual (instead of periodic) review of the coopera-        
   tive agreements. Authorizes the Attorney General to use the Attorney        
   General's subpoena  and investigative powers to facilitate review of        
   applications and reports and to investigate violations of the pro-          
   visions concerning cooperative agreements. Makes other changes.             
   Amends the State Finance Act to create the Attorney General Health          
   Care Cooperative Agreement and Antitrust Enforcement Fund.                  
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          30 ILCS 105/490 new                                                  
          Adds reference to:                                                   
          20 ILCS 3960/13.40 new                                               
          20 ILCS 3960/13.45 new                                               
          20 ILCS 3960/13.50 new                                               
          20 ILCS 3960/13.55 new                                               
          20 ILCS 3960/13.60 new                                               
          20 ILCS 3960/13.65 new                                               
          20 ILCS 3960/13.70 new                                               
          20 ILCS 3960/13.75 new                                               
          20 ILCS 3960/13.80 new                                               
        Deletes  everything.   Amends  the  Illinois  Health   Facilities      
   Planning  Act.  Authorizes health care cooperative agreements that are      
   not subject to antitrust  laws.  Provides  that  the  Illinois  Health      
   Facilities  Planning Board ("State Board") shall issue a written deci-      
   sion regarding an application for a permit to enter a cooperative           
   agreement and that the decision shall contain specified findings of         
   fact. Provides that appeals of State Board decisions are subject to         
   the terms of the Administrative Review Law. Provides that the State         
   Board shall accept no permit applications under these amendatory            
   provisions after June 30, 2001. Provides that the State Board shall         
   supervise, monitor, and regulate approved agreements. Provides that         
   the State Board shall periodically review existing permits. Provides        
   the Board may revoke an agreement if specified conditions exist. Pro-       
   vides the State Board shall keep records of all existing agreements.        
   Provides the Act does not provide immunity for non-approved agree-          
   ments in violation of antitrust laws. Provides that the Attorney Gen-       
   eral may institute antitrust proceedings where parties to an agreement      
   have exceeded the scope of activities permitted by the Act. Provides        
   the State Board shall adopt rules for implementation of the Act.            
   Provides the State Board may conduct a hearing to determine whether         
   an agreement complies with the Act.                                         
        HOUSE AMENDMENT NO. 2.                                                 
          Deletes reference to:                                                
          20 ILCS 3960/13.5 new                                                
          20 ILCS 3960/13.9 new                                                
          20 ILCS 3960/13.10 new                                               
          20 ILCS 3960/13.15 new                                               
          20 ILCS 3960/13.20 new                                               
          20 ILCS 3960/13.25 new                                               
          20 ILCS 3960/13.30 new                                               
          20 ILCS 3960/13.35 new                                               
          20 ILCS 3960/13.40 new                                               
          20 ILCS 3960/13.45 new                                               
          20 ILCS 3960/13.50 new                                               
          20 ILCS 3960/13.55 new                                               
          20 ILCS 3960/13.60 new                                               
          20 ILCS 3960/13.65 new                                               
          20 ILCS 3960/13.70 new                                               
          20 ILCS 3960/13.75 new                                               
          20 ILCS 3960/13.80 new                                               
          740 ILCS 10/5                                                        
          Adds reference to:                                                   
          20 ILCS 3960/1                  from Ch. 111 1/2, par. 1151          
        Deletes everything.   Amends the Health Facilities  Planning  Act      
   by making technical changes to the short title Section.                     
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   2


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